"  "--  AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

NAME OF SERVI('E  MEMREH (IAS I ,  FIRS I' ~MlnllLE lNll IAI,) 

GRADE 

AFSNISSAN 

MEMBER SITTING 

- - 

. . 

APPLICA'I'ION  FOR  REVIEW 01: DISCHARGE 

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A ~ D I ' ~ ' ~ O N A J ,  EXHIHITS S U B M I T T E ~ ~  A'l'  'I'IME 07 
PERSONAl.  APPEARANCE 

TAI'E  KECORDNC; O F  PERSONA[. APFEAIUNCE 

-. . 

IIEARIN(;  DATE 

CASE NUMBER 

22 Jnn 2004 
APPLICANT'S ISSUE AWdw B O W S  M C I S I O N q U A  ClONA 

FD-2002-0370 

*X* 

w S ( ? U . % E ~ f ~  'lHE  ATTACHkL) N R  WRFh UISrIIARGE W V I E W R Q W  UEOISION&IU.R41IQNA~ 8 

p T r  

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Case heard at Washington, D.C. 

Advise applicant of thc decision of the Board, the right to a personal appeararlcc wilhlwithoul counscl, and the right lo 
submit an application to the AFBCMR 

CHANm  WASON AND AUTl-IORI'LY 

SECRETARIAL ALJTHORI'l-Y (-+ +) O R  TO CONDITIONS T H A T  INTERFERE WIT11 

.TO: 

S M I M R R R  
550 C  S'I.REET WEST, SUITE 40 
RANDOLPH  AFR, TX 78 150-4742 

AFHQ FORM 0-2077, JAN 00 

FROM. 

SECRETARY OF THE AIR  FORCE YLHSONNEI.  COIJNCII. 
AIR FORLE DIYCHAHGE REVlEW  BOARD 
1535 COMMAND DR, FF WING, 3RD FI OOR 
ANDKEWS AFB, MD 20762-7002 

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(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE KEVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2002-0370 

GENERAL:  The applicant appeals for  upgrade  of the  discharge characterization to  honorable  and of thc 
reason and authority for the discharge. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right.  He did, however, submit additional  information  for consideration - an  e-mail with three 
attachments documenling the applicant's  view of the disciplinary  actions taken against him and his position 
regarding the discl~arge action. 

The attachcd brief contains available pertinent data on the applicant and the factors leading to thc discharge. 

FINDINGS:  The Board grants the reclucstcd relief: 

ISSUE: 

The applicant was  discharged  with  a general  service characterization  for misconduct  or, more  specifically, 
minor  disciplinary  infractions.  He received  four letlers  of reprimand  (LOR) and two  letters  of counseling 
(LOC) all of which documented two accidentally  bounced checks, one failure to pay his DPP bill  in a timely 
fashion, one instance of failure to remain in his quarters pursuant to a medical ordcr to do so, and one missed 
dental appointment.  The file contains additioilal evidence that bears upon the applicant's situation.  1 le was 
experiencing  severe  personal  problenls  related  to  the  untimely  death  of  his  father-in-law  and  physical 
incapacitation  of his mother-in-law following a car accident.  His desire to provide and care for his rnother- 
in-law  created  extreme  personal  distress  that  led  to  a  diagnosis  of  an  adjustment  disorder  (an  unsuiting 
condition)  and  a  subsequent  recommendation  from  the  mental  health  provider  that  the  applicant  be 
discharged for conditions that interfere with military service.  For reasons that are not set forth in the file, the 
conln~a~ld did  not  take  this  approach;  indeed, it  appears the  command  cither  did  not  know  of  or  chose  to 
ignore  this  recommendation. 
'I'he  ilpplicant's  personal  distrcss  did  result  in  his  request  for  a  hardship 
discharge and a humanitarian reassignment, both of'which  were denied. 

Issues 1 - 5.  Applicant raises and the record rcveals the existence of five issues in this case: Personal 
Problems, Personal Distress, Arbitrary and Capricious Command Action, Psychiatric or Psychological 
Problems, Other Evidence Improperly Considered.  These issues are more appropriately considered together 
because they are related and all overlap.  In short, the command unfairly failed to properly consider the 
personal problems that so plagued the applicant that he ultimately received an unsuiting mental health 
diagnosis and a recommendation ibr discharge; ai~d the command arbitrarily and capriciously decided to 
proceed with a discharge for misconduct based on weak and nearly insufticient evidence.  It appeared to the 
DRB that the command did not properly consider the personal issues with which the applicant was dealing. 
It was not clear whethcr the command was aware ofthe diagnosis and discharge recommendation or simply 
chose to ignore it.  Wliilc the command is not bound to follow such a recommendation, it would have been 
helpful to have, at a minimum, a reference lo the recommendation and some indication the command 
considered that possibility.  In the absence of such evidence, the DRB felt it appropriate to rcsolve the 
question in the applicant's  favor by concluding the command was either unaware of or chose to ignore the 
recommendation.  In either case, this amounted to an inequity.  'The  DRB was also troubled by the quality of 
the evidence used to support the discharge for misconduct.  Though sufficient as to quantity, the misconduct 
for which applicant was discharged was comprised of the very most minor offenses.  Moreover, there existed 
significant mitigation and extenuation the command apparently ignored or of which it was not aware.  On the 
whole, it appeared to the DKB that by pursuing a discharge on such insubstantial evidence of wrongdoing, 
the cominand was Inore interested in ridding itself of what it perceived to be a problem troop rather than 

fulfilling its equitable obligation to f1111y and fairly considcr all the factors bearing on the applicant's  duty 
performance and to then take appropriate action. 

CONCLUSIONS:  'The  Discharge  Rcview  Board  concludes that  thc  discharge  was  inconsistent  with  the 
procedural and substantive rcquirernents of the discharge rcgulation and that thc applicant  was not provided 
full administrative due proccss. 

1n view of the fbregoing findings the Hoard furthcr concludes that  there exists a legal and equitable basis for 
upgrade  of discharge and  a  change  to  the  reason  and  authority.  In  light of the  evidence in the  record, the 
IIRB  concluded  that  the  reason  and  autliority  for  the  discharge  should  be  described  as  conditions  that 
interfere with military service. 

In view of the foregoing findings, the Board concludes that the overall quality of applicant's  service  is more 
accurately  reflected  by  an  honorable  discharge  and  that  the  reason  for  the  discharge  is  more  accurately 
described  as conditions that  intcrfere  with  military  service.  The applicant's  characterization and reason for 
discharge  should  bc  changed to  conform  with  Illis  conclusion  pursuant  to  the  provisions of Title  10, USC 
1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

(Former A ~ C )  (HGW  AlC) 

1.  MATTER UNDER REVIEW:  Appl rec'd a GEN Disch fr USAF 16 Jul 97 UP AFI 3 6 -  
3208, para 5.49 (Misconduct -  Minor ~isciplinary Infractions).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 23 Dec 75.  Enlmt Age: 19 4/12.  Disch Age: 21 5/12. Educ: HS DIPL. 
AFQT: N/A.  A-53,  E-87,  G-57,  M-80. PAFSC: 3P031 -  Security Police Apprentice. 
DAS: 29 Sep 95. 

b.  Prior Sv:  (1) AFRes 28 Apr 95 -  16 May 95 (19 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld  as AB 17 May 95 for 4 yrs. S v d :   2 Yrs 2 Mos 0  Das, all AMS. 

b.  Grade  Status:  A 1 C   -  17 Sep 96 
AMN  -  17 Nov 95 

c.  Time Lost:  None. 

d.  Art  15's:  None. 

e.  Additional: LOR, 20 JUN 97 - 
LOR, 01 APR  97 - 
LOCI 23 FEB 97 - 
LOR, 30 JUN 96 - 
AFTT, 18 MAY 96 - 
LOR, 12 NOV 95 - 
LOC,  27 OCT 95 - 
AFTT, 12 OCT 95 - 

Failure to remain in quarters. 
Financial irresponsibility. 
Missed appointment. 
Unsightly appearance of uniform. 

Exceeding speed limit. 

Financial irresponsibility. 
Financial irresponsibility. 

Failure to display vehicle registration. 

f .   CM:  None. 

g.  Record of SV: 17 May  95 -  16 Jan 97  F.E. Warren AFB  3  (Initial) 

(Discharged from F. E. Warren AFB) 

h.  Awards &  Decs:  AFTR, NDSM, AFOUA. 

i.  Stmt of Sv:  TMS:  (2) Yrs  (2) Mos  (19) Das 

TAMS: (2) Yrs  (2) Mos  (0) Das 

4.  BASIS ADVANCED FOR REWIEW:  Appln  (DD Fm 293) dtd 23 Aug 02. 

(Change Discharge to Honorable) 

Issue: I was issued an improper discharge because of seven minor incidents 
{  ( 7 c )   five Letters of Reprimand and two Letters of ~ounseling}, which became a 
significant factor to the 4 0 0 t h   Missile Unit at F.E. Warren A F B ,   after I:  started 
seeking means of leaving F.E. Warren AFB to move back to Mississippi to assist a 
family member  (my mother-in-law) who had become disabled and had no means of 
transportation.  I w a s   issued this discharge after the denial of attempts to be 
relocated and/or discharge from F.F. Warren A F B .   After all options were 
exausted  (sic) I was given a discharge due to minor disciplinary infractions. 
My attempts to be relocated and/or discharged were due to personal, family, and 
financial hardships.  This occurred when an automobile accident involving my 
father-in-law and mother-in-law happened in November 1996.  This accident left 
my  father-in-law deceased and my mother-in-law confined to a wheel chair, and 
with no car.  At the time of the accident my wife, - - - - - - - - - -  ,  was the only 
family member able to take care of her mother.  Her sisters and brother were 
unable to take care of her due to being in school and financially dependent upon 
their mother and father.  At the time I was seeking a discharge from the USAF, I 
had letters from all family members stating that they were unable to take care 
of their mother.  I also had letters from:  The head Chaplian  (sic) at F.E. 
Warren AFB  (agreement with hardship), Wackenhut Correctional Facility 
(employment letter upon discharge), Letter from Church where my mother-in-law 
was attending Church, Letter from the Red Cross  (stating that the accident was 
true and agreement with the hardship).  As stated in the Standard form 502 
Narrative Summary, I was seeking to help my  family and this was known to the 
4 0 0 L h  Missile Unit, which offered no help or care to my problems.  I was told by 
the 4 0 0 t h   Commander  ( - - - - - - )   that he needed bodies there, leaving was not an 
option no matter how serious the problem was.  One week after Col  - - - - -   was 
transfered  (sic) from F.E. Warren AFB, the new Commander said he was new to this 
and didn't know what to do so he was going to follow Col  - - - - - -   path in the 
situation.  I used personal leave and emergency leave which did not extenguish 
(sic) the problem.  My intentions in joining the United States Military were for 
true and just reasons and career minded. 

ATCH 
1. Clinical Resume. 
2. Clinical Resume. 
3. Recommendation for Discharge. 

3 Dec 02/cr 

DEPARTMENT OF THE AIR  FORCE 

90TH MISSILE WING (AFSPC) 

MEMORANDUM FOR 90 MWIC 

o 9  JUL  ~;:ril 

and AFI 36-3208, 
400 MS) 

rninistrative discharge action was initiated on 1 Jul97 against 

e provisions of AFPD 36-32 and AFI 36-3208, paragraph 
The squadron commander recommends separation with 

er not be considered a candidate for probation and 
ot entitled to a board hearing.  He has consulted with 

rehabilitation.  A i m  
counsel and waived his right to submit statements on his behalf. 

ecord shows a pattern of n~isconduct that violates the UCMJ. 
remain in his dorm romn after being placed on 24 hour 

2.  FACTS:  Ai 
His misconduct 
quarters, failing to make payments on his Deferred Payment Plan (DPP), failing to maintain dress 
and appearance standards, exceeding the speed limit on base, failing to maintain sufficient funds, 
failures to go, and failing to display proper vehicle registration.  Rehabilitative efforts include 
two Letters of Counseling (LOCs), four Letters of Reprimand (LORs), and two Armed Forces 
Traffic Tickets.  For more details, see the Notification Me~norandum dated 1 Jul 97. 

3.  PERSONALDATA:  Ai 
17 May 95.  His duty title is A1 
married and lives in Cheyenne, Wyoming. 

4. REGULATORY GUIDANCE: 

is 21 years old and has served on active duty since 
Team (ART) Leader, DAFSC 3P03 1.  He is 

a.  AFI 36-3208, paragraph 5.49, states that an airman may be subject to discharge based 

on a pattern of misconduct that consists solely of minor disciplinary infractions.  Minor 
disciplinary infractions include violations of nonpunitive regulations and minor offenses undcr 
' 
the UCMJ.  Minor disciplinary infractions are normally evidenced by formal or informal 
counseling, LO%,  and Article 15s. 

b.  AFI 36-3208, paragraph 7.2.7, explains that the separation authority may offer 

Probation and Rehabilitation (P&R) in any case where there seems to be a reasonable 
expectation of rehabilitation. Paragraph 7.4 requires the initiating commander and separation 
authority to consider P&R if the reason for discharge is misconduct.  Paragraph 7.2.1  defines 
P&R as giving the member a chance  to show that he or she is able to meet Air Force standards. 

5.  EVIDENCE FOR THE RESPONDENT: 

Appreciation. 

is entitled to wear the Air Force Outstanding Unit Award, National 
he Air Force Training Ribbon.  He also has two Letters of 

Golden Legacy,  Boundless  Future.. . ~ o L r  Narinn 's Air  Force 

2 Jul97. 

rved notice of this action on  1 Jul97.  I Ie acknowledged 
waived his right to submit statements on his behalf on 

6.  EVIDENCE AGAINST THE RESI'ONDENT: 

cited by the commander as reasons for the discharge occurred 
ent enlistment and should be considered by you as a basis for 
ou contains a minor 
as 5 LORs when he only 

he commander's  reco 
ry data," it states 

has 4 LORs.  The notification letter accurately cites four 1,ORs.  This irregularity does not affect 
the legal sufficiency of the discharge. 

b.  A pattern of miscondu 
service.  By his repeated actions, 
responsibilities and the standards 

self-discipline required for effective military 
shown an unwillingness to meet the 
of an Air Force member. 

c.  A general discharge is warranted because the neg 
service outweigh the positive.  In approximately 25 months, 
ht 
acts of minor disciplinary infractions, ranging from failure to go to failure to maintain sufficient 
funds. 

adron cornmcmder recomxnends that P&R is not appropriate and that retaining 
a probationary status is inconsistent with good order and discipline. 

I 

7.  OPTIONS:  As thpvseparation authority in this case you may: 

b.  Recommend reinitiation of this action if you believe an under other than honorable 

conditions discharge is warrantcd and reSer this case to a board of officers; or 

c.  Recommend an honorable discharge with or without probation and rehabilitation and 

forward this package to 20 AF/CC' for approval; or 

d.  Discharg 

rehabilitation. 

ith a general discharge with or without probation and 

8.  CONCLUSION AND REC 
3208, and the record is legally su 
disciplinary infractions. We reco 
discharge without probation and reha 
contact the undersigned or the action 

Attachment: 
Discharge package w/eight tabs 

DEPARTMENT OF THE AIR  FORCE 

9OTH MISSILE WING (AFSPC) 

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FROM:  400 MSICC 

SUBJECT: Notification Menlorandurn 

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1.  I am recommending your discharge fiom the United States Air Force for minor disciplinary  %# 
infractions.  The authority for this action is AFPD 36-32 and AFT  36-3208, paragraph 5.49.  If rny 
recommendation is approved, your service will be characterized as honorable, general, or under 
other than honorable conditions.  J  am recommending that your service be characterized as 
general. 

2.  My reasons for this action are: 

a.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 19 Jun 97, 
failed to remain in your quarters after being placed on 24 hour quarters for a medical condition. 
You received a Letter of Reprimand (LOR) on 20 Jun 97. 

b.  You were, at or near Francis E. Warren Air Force Base, Wyoming, on or about 21 Mar * 

97, negligent with your financial responsibilities by failing to make payments on your Deferred 
Payment Plan (DPP) which was 90 days past due.  You received an LOR on 1 Apr 97. 

c.  You, at or near Frailcis E. Warren Air Force Base, Wyoming, on or about 18 Fcb 97, 

failed to go to a Dental appointment.  You received an Letter of Counseling (LOC) on 23 Peb 97 

d.  You were, at or near Cheyenne, Wyoming, on or about 25 Jul96, removed from t

security detail during the Air Force Thunderbirds air show due to the unsightly appearance of 
your unifom.  You received an LOR on 30 Jul96. 

h ~  

e.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

18 May 96, exceeded the speed limit, driving 33 mph in a 20 mph speed zone.  You received an 
Armed Forces Traffic Ticket on 18 May 96 and you were counseled. 

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f.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

6 Nov 95, wrote a check and failed to maintain sufficient funds to cover the amount written.  You 
received an LOR on 12 Nov 95. 

g.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 

27 Oct 95, wrote a check and failed to maintain sufficient funds to cover the amount written. 
You received an LOC on 27 Oct 95. 

h.  You, at or near Francis E. Warren Air Force Base, Wyoming, on or about 12 Oct 95, 

failed to display the proper vehicle registration.  You received an Armed Forces Traffic Ticket on 
12 Oct 95. 

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Golrien t.egaq, Boundless  Furure.. . Your Nation's Air  Force 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising special courts-martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force, and if 
you are discharged, how your service will bc characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force. 

been obtained to assist you. 
rea Defense Counsel's 
. You may consult civilian 

6.  If you fail to consult counsel or to submit statements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  Any personal information you fi~rnish in rebuttal is covered by the Privacy Act of 1974, A 
copy of AFI 36-3208 is available for your use in your squadron orderly room. 

8.  Execute the attached acknowledgment and return it to me immediately. 

5.  You have the right to submit a statement in your own behalf.  Any statements you want the 
separation authority to consider must reach me within three workdays after receipt of the 

4.  You have the right to consult counsel.  Mili 
I have made an appointment for  ou to consult 
Office, Bldg. 292, ext. 3248, o  Z x u ~ ~ 7  
counsel at your own expense. 

2 

extension for good cause shown.  I will send any statements you submit to the separation 
authority for his consideration. 

notification memorandum, that date being?% ~UQ, q?,  unless you request and receive an 

Attachments: 
1. LOR, dated 20 Jun 97 
2.  LOR, dated 5 Jun 97 
3.  LOR, dated 1 Apr 97 
4.  LOC, dated 23 Feb 97 
5.  LOR w/Atch, dated 30 Jul96 
6.  DD Form  1408, Armed Forces Trafic Ticket, dated 18 May 96 
7.  LOR, dated 12 Nov 95 
8, LOC, dated 27 Oct 95 
9.  DD Form 1408, Armed Forces Traffic Ticket, dated 12 Oct 95